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Common use of Monthly Report Clause in Contracts

Monthly Report. The Collateral Agent shall prepare (based on information provided to it by the Collateral Manager, the Agent, the Lender Agents and the Lenders as set forth herein) a Monthly Report in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report to the Agent, each Lender Agent, the Borrower and the Collateral Manager on each Reporting Date starting with the Reporting Date in October 2021. If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Agent) a copy of such notice and information to the Agent, each Lender Agent and the Collateral Manager. If the Collateral Agent agrees with any such correction and unless the Collateral Agent is otherwise timely directed by the Agent, the Collateral Agent shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Agent that the Collateral Agent should not make such correction, then the Collateral Agent shall take such action as instructed by the Agent and shall have no responsibilities with respect to the applicable Monthly Report. The Agent’s reasonable determination with regard to any disputed item in the Monthly Report shall be final. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, the Agent and the Lender Agents shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively rely. The Agent shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the Agent, such reports, instructions, statements and certificates shall be executed by the Borrower and the Collateral Manager and, in the case of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly Report.

Appears in 7 contracts

Samples: Loan and Servicing Agreement (Blue Owl Capital Corp III), Loan and Servicing Agreement (Blue Owl Capital Corp III), Loan and Servicing Agreement (Blue Owl Capital Corp III)

Monthly Report. The Collateral Agent shall prepare (based on information provided to it by the Collateral ManagerServicer, the Facility Agent, the Lender Agents and the Lenders as set forth herein) a Monthly Report in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report to the Facility Agent, each Lender Agent, Agent the Borrower and the Collateral Manager Servicer on each Reporting Date starting with the Reporting Date in October 20212018. If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Facility Agent) a copy of such notice and information to the Facility Agent, each Lender Agent and the Collateral ManagerServicer. If the Collateral Agent agrees with any such correction and unless the Collateral Agent is otherwise timely directed by the Facility Agent, the Collateral Agent shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Facility Agent that the Collateral Agent should not make such correction, then the Collateral Agent shall take such action as instructed by (within one Business Day) contact the Facility Agent and shall have no responsibilities with respect request instructions on how to the applicable Monthly Reportproceed. The Facility Agent’s reasonable determination with regard to any disputed item in the Monthly Report shall be final. The Servicer shall reasonably cooperate with the Collateral Agent in connection with the preparation of the Monthly Reports and any supplement thereto. Without limiting the generality of the foregoing, the Servicer shall supply any information maintained by it that the Collateral Agent may from time to time reasonably request with respect to the Collateral and reasonably needs to complete the reports, calculations and certificates required to be prepared by the Collateral Agent hereunder or required to permit the Collateral Agent to perform its obligations hereunder. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, (i) the Servicer shall be responsible for providing the Collateral Agent the information required for parts (a) through (c) of Exhibit D for such Monthly Report and (ii) the Facility Agent and the Lender Agents shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively rely. The Servicer and the Facility Agent shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the Servicer and the Facility Agent, the Collateral Agent shall send such reports, instructions, statements and certificates shall be executed by to the Borrower and the Collateral Manager and, in the case of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly ReportServicer for execution.

Appears in 3 contracts

Samples: Loan Financing and Servicing Agreement (Oaktree Specialty Lending Corp), Loan Financing and Servicing Agreement (Oaktree Specialty Lending Corp), Loan Financing and Servicing Agreement (Oaktree Strategic Income Corp)

Monthly Report. The Collateral Agent Administrator shall prepare (based on information provided to it by the Collateral ManagerServicer, the Agent, the Lender Agents and the Lenders as set forth herein) a Monthly Report in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report to the Agent, each Lender Agent, the Borrower and the Collateral Manager Servicer on each Reporting Date starting with the Reporting Date in October 2021November 2018. If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent Administrator and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Agent) a copy of such notice and information to the Agent, each Lender Agent and the Collateral ManagerServicer. If Unless the Collateral Agent agrees with any such correction and unless the Collateral Agent Administrator is otherwise timely directed by the Agent, the Collateral Agent shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it Administrator is directed by the Agent that the Collateral Agent Administrator should not make such correction, then the Collateral Agent Administrator shall take such action as instructed by the Agent and shall have no responsibilities with respect to the applicable Monthly Report. The Agent’s reasonable determination with regard to any disputed item in the Monthly Report shall be final. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, the Agent and the Lender Agents shall be responsible for providing to the Collateral Agent Administrator the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent Administrator may conclusively rely. The Agent shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the Agent, such reports, instructions, statements and certificates shall be executed by the Borrower and the Collateral Manager Servicer and, in the case of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly Report.

Appears in 3 contracts

Samples: Loan and Servicing Agreement (Blackstone Private Credit Fund), Loan and Servicing Agreement (Blackstone Private Credit Fund), Loan and Servicing Agreement (Blackstone Private Credit Fund)

Monthly Report. The Collateral Agent shall prepare (based on information provided to it by the Collateral ManagerServicer, the Agent, the Lender Agents Facility Agent and the Lenders as set forth herein) a Monthly Report in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report to the Agent, each Lender Facility Agent, the Borrower and the Collateral Manager Servicer on each Reporting Date starting with the Reporting Date in October 2021the first full calendar month after the Closing Date. If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Facility Agent) a copy of such notice and information to the Agent, each Lender Facility Agent and the Collateral ManagerServicer (and if the Facility Agent provides such notice, with a copy of such notice and information to the Servicer). If the Collateral Agent agrees with any such correction and unless the Collateral Agent is otherwise timely directed by the Servicer (after consultation with the Facility Agent and so long as no Event of Default has occurred and is continuing) or, if an Event of Default has occurred and is continuing, by the Facility Agent, the Collateral Agent shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Agent Servicer or by the Facility Agent, as applicable, that the Collateral Agent should not make such correction, then the Collateral Agent shall take such action as instructed by (within one Business Day) contact the Facility Agent and shall have no responsibilities with respect the Servicer and request instructions on how to the applicable Monthly Reportproceed. The Agent’s reasonable determination of the Servicer (so long as no Event of Default has occurred and is continuing) or, if an Event of Default has occurred and is continuing, of the Facility Agent with regard to any disputed item in the Monthly Report shall be finalconclusive absent manifest error. The Servicer shall cooperate with the Collateral Agent in connection with the preparation of the Monthly Reports and any supplement thereto. Without limiting the generality of the foregoing, the Servicer shall supply any information maintained by it that the Collateral Agent may from time to time reasonably request with respect to the Collateral and reasonably needs to complete the reports, calculations and certificates required to be prepared by the Collateral Agent hereunder or required to permit the Collateral Agent to perform its obligations hereunder. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, (i) the Servicer shall be responsible for providing the Collateral Agent the information required for parts (a) through (c) of Exhibit D for such Monthly Report and (ii) the Facility Agent and the Lender Agents Lenders shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively rely. The Agent Servicer shall review and verify confirm the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the AgentServicer, the Collateral Agent shall send such reports, instructions, statements and certificates shall be executed by to the Borrower and the Servicer for execution. Each Monthly Report shall identify each Collateral Manager andObligation that was subject to an amendment, in waiver or modification during the case immediately preceding Collection Period and shall include a brief description of the Monthly Reportnature and terms of such amendment, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly Reportwaiver or modification.

Appears in 2 contracts

Samples: Loan Financing and Sale Agreement (AB Private Credit Investors Corp), Loan Financing and Servicing Agreement (AB Private Credit Investors Corp)

Monthly Report. On or before each Determination Date, the Servicer shall furnish a report (the "Monthly Report"), which shall be in substantially the form of Exhibit B hereto (with such additional information as the Servicer shall elect to include therein), to the Owner Trustee, the Indenture Trustee, any Paying Agent (under the Indenture and the Trust Agreement), the Sellers and the Rating Agencies. The Collateral determination by the Servicer of the amount of the distributions to be made pursuant to Section 5.5 hereof shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder, and the Trustees and any Paying Agent shall prepare (based on information provided to it by be protected in relying upon the Collateral Manager, same without any independent check or verification. The Servicer shall also specify in the Agent, the Lender Agents and the Lenders as set forth herein) a Monthly Report each Receivable which a Seller or the Servicer is required to repurchase or purchase, as applicable as of the last day of the related Collection Period and each Receivable which the Servicer shall have determined to be a Liquidated Receivable during such Collection Period. The Trustees and any Paying Agent shall not be required to recompute, verify or recalculate information contained in the Monthly Report. Each Monthly Report shall be accompanied by a certificate of a Servicing Officer substantially in the form of Exhibit D determined as A hereto, certifying the accuracy of the close of business on each Determination Date and make available such Monthly Report to the Agent, each Lender Agent, the Borrower and the Collateral Manager on each Reporting Date starting with the Reporting Date in October 2021. If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Agent) a copy of such notice and information to the Agent, each Lender Agent and the Collateral Manager. If the Collateral Agent agrees with any such correction and unless the Collateral Agent is otherwise timely directed by the Agent, the Collateral Agent shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Agent that the Collateral Agent should not make such correction, then the Collateral Agent shall take such action as instructed by the Agent and shall have no responsibilities with respect to the applicable Monthly Report. The Agent’s reasonable determination with regard to any disputed item in the Monthly Report shall be finaland that no Event of Servicing Termination or event that with notice or lapse of time or both would become an Event of Servicing Termination has occurred, or if such event has occurred and is continuing, specifying the event and its status. Without limiting In addition, the generality of the foregoingServicer shall, in connection with the preparation on request of a Monthly ReportTrustee, furnish such Person such reasonably pertinent underlying data on the Agent and the Lender Agents shall Receivables as can be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively rely. The Agent shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the Agent, such reports, instructions, statements and certificates shall be executed generated by the Borrower and the Collateral Manager and, in the case of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly ReportServicer's existing data processing system without undue modification or expense.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Chase Manhattan Bank Usa), Sale and Servicing Agreement (Chase Manhattan Bank Usa)

Monthly Report. The Borrower, the Servicer, the Collateral Administrator and the Administrative Agent hereby agree to work in good faith to prepare an agreed form of monthly report, which form shall be included as Exhibit G hereto. The Collateral Agent Administrator shall prepare (based on information provided to it by the Collateral ManagerServicer, the Agent, the Lender Agents Administrative Agent and the Lenders as set forth herein) a Monthly Report in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report to the Administrative Agent, each Lender AgentLender, the Borrower and the Collateral Manager Servicer on each Reporting Date starting with the Reporting Date in October 2021Date. If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent Administrator and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Administrative Agent) a copy of such notice and information to the Agent, each Lender Administrative Agent and the Collateral ManagerServicer. If the Collateral Agent Administrator agrees with any such correction and unless the Collateral Agent Administrator is otherwise timely directed by the Administrative Agent, the Collateral Agent Administrator shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent Administrator does not agree with any such correction or it is directed by the Administrative Agent that the Collateral Agent Administrator should not make such correction, then the Collateral Agent Administrator shall take such action as instructed by (within one Business Day) contact the Administrative Agent and shall have no responsibilities with respect request instructions on how to the applicable Monthly Reportproceed. The Administrative Agent’s reasonable determination with regard to any disputed item in the Monthly Report shall be final. The Servicer shall cooperate with the Collateral Administrator in connection with the preparation of the Monthly Reports and any supplement thereto. Without limiting the generality of the foregoing, the Servicer shall supply any information maintained by it that the Collateral Administrator may from time to time reasonably request with respect to the Collateral and reasonably needs to complete the reports, calculations and certificates required to be prepared by the Collateral Administrator hereunder or required to permit the Collateral Administrator to perform its obligations hereunder. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, (i) subject to the following clause (ii), the Servicer shall be responsible for providing the Collateral Administrator the information required for such Monthly Report and (ii) the Administrative Agent and the Lender Agents shall be responsible for providing to the Collateral Agent Administrator the information required by Section 3.4 for part (d) of Exhibit D 2.08 for such Monthly Report on which the Collateral Agent Administrator may conclusively rely. The Servicer and the Administrative Agent shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the Servicer and the Administrative Agent, the Collateral Administrator shall send such reports, instructions, statements and certificates shall be executed by to the Borrower and the Collateral Manager and, in the case of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly ReportServicer for execution.

Appears in 2 contracts

Samples: Credit Agreement (Nuveen Churchill Private Capital Income Fund), Credit Agreement (Nuveen Churchill Private Capital Income Fund)

Monthly Report. The Collateral Agent Administrator shall prepare (based on information provided to it by the Collateral ManagerServicer, the Agent, the Lender Agents and the Lenders as set forth herein) a Monthly Report in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report to the Agent, each Lender Agent, the Borrower and the Collateral Manager Servicer on each Reporting Date starting with the Reporting Date in October 2021April, 2024. If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent Administrator and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Agent) a copy of such notice and information to the Agent, each Lender Agent and the Collateral ManagerServicer. If Unless the Collateral Agent agrees with any such correction and unless the Collateral Agent Administrator is otherwise timely directed by the Agent, the Collateral Agent shall distribute a revised Monthly Report on the within two Business Day Days after it receives such information. If the Collateral Agent does not agree with any such correction or it Administrator is directed by the Agent that the Collateral Agent Administrator should not make such correction, then the Collateral Agent Administrator shall take such action as instructed by the Agent and shall have no responsibilities with respect to the applicable Monthly Report. The Agent’s reasonable determination with regard to any disputed item in the Monthly Report shall be final, absent manifest error. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, the Agent and the Lender Agents shall be responsible for providing to the Collateral Agent Administrator the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent Administrator may conclusively rely. The Agent and the Servicer shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the AgentAgent and the Servicer, such reports, instructions, statements and certificates shall be executed by the Borrower and the Collateral Manager Servicer and, in the case of the Monthly ReportReport corresponding with a Distribution Date, such Monthly Report shall constitute an instruction from the Borrower and the Servicer to the Collateral Agent, and the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly Report.

Appears in 2 contracts

Samples: Loan and Servicing Agreement (Antares Strategic Credit Fund), Loan and Servicing Agreement (Antares Strategic Credit Fund)

Monthly Report. The Collateral Agent (1) On or before each Payment Date, the Indenture Trustee shall prepare (based on information provided make available electronically to it each Noteholder and Certificateholder, the Monthly Report prepared by the Collateral ManagerAdministrator and delivered to the Indenture Trustee on the preceding Determination Date and setting forth, among other things, the Agent, following information: 4131-7662-3437 (a) the Lender Agents and amount of Underlying Payments received on the Lenders as set forth hereinrelated Underlying Payment Date; (b) a Monthly Report the amount of Available Funds on deposit in the form Payment Account on the related Underlying Payment Date; (c) the amount of Exhibit D determined Trustee Fees and Expenses, Administration Fee, Class A Monthly Interest, Class A Deficiency Amounts and Additional Interest, respectively; (d) the total amount to be distributed to the Class A Noteholders on such Payment Date; and (e) the outstanding principal balance of the Class A Notes as of the close end of business the day on the Payment Date. On or before each Determination Date and make available such Monthly Report Payment Date, to the Agent, each Lender Agent, extent the Borrower and the Collateral Manager on each Reporting Date starting with the Reporting Date in October 2021. If any party receiving any Monthly Report disagrees with any items of Administrator provides such report, it shall contact the Collateral Agent and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Agent) a copy of such notice and information to the AgentIndenture Trustee, each Lender Agent and the Collateral Manager. If Indenture Trustee will make available the Collateral Agent agrees Monthly Report via the Indenture Trustee’s Internet website and, with any the consent or at the direction of the Issuer, such correction and unless other information regarding the Collateral Agent is otherwise timely directed Securities and/or the Underlying Securities as the Indenture Trustee may have in its possession, but only with the use of a password provided by the AgentIndenture Trustee; provided, however, the Collateral Agent shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Agent that the Collateral Agent should not make such correction, then the Collateral Agent shall take such action as instructed by the Agent and Indenture Trustee shall have no responsibilities with respect obligation to provide such information described in this Section 6.2 until it has received the requisite information from the Issuer or the Administrator and the applicable Noteholder or Certificateholder has completed the information necessary to obtain a password from the Indenture Trustee. The Indenture Trustee will make no representation or warranties as to the applicable Monthly Reportaccuracy or completeness of such documents and will assume no responsibility therefor. (2) The Indenture Trustee’s internet website shall be initially located at “xxx.xxxxxxxxxxxxxxxxxxxxxx.xxx” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders and Certificateholders. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Agent’s reasonable determination Indenture Trustee shall not be liable for information disseminated in accordance with regard to any disputed item in the Monthly Report shall be final. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, the Agent and the Lender Agents shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively rely. The Agent shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the Agent, such reports, instructions, statements and certificates shall be executed by the Borrower and the Collateral Manager and, in the case of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly Reportthis Indenture.

Appears in 1 contract

Samples: Indenture (Oportun Financial Corp)

Monthly Report. The Collateral Agent shall prepare (based on information provided to it by the Collateral Investment Manager, the Agent, the Lender Agents Administrative Agent and the Lenders as set forth herein) a Monthly Report in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report to the Agent, each Lender Administrative Agent, the Borrower and the Collateral Investment Manager on each Reporting Date starting with the Reporting Date in October 2021January 2015. If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Administrative Agent) a copy of such notice and information to the Agent, each Lender Administrative Agent and the Collateral Investment Manager. If the Collateral Agent agrees with any such correction and unless Unless the Collateral Agent is otherwise timely directed by the Administrative Agent, the Collateral Agent shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Administrative Agent that the Collateral Agent should not make such correction, then the Collateral Agent shall take such action as instructed by the Agent and shall have no responsibilities with respect to the applicable Monthly ReportAdministrative Agent. The Administrative Agent’s reasonable determination with regard to any disputed item in the Monthly Report shall be final. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, the Administrative Agent and the Lender Agents Lenders shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively rely. The Administrative Agent shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the Administrative Agent, such reports, instructions, statements and certificates shall be executed by the Borrower and the Collateral Investment Manager and, in the case of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly Report.

Appears in 1 contract

Samples: Loan Financing and Servicing Agreement (FS Investment Corp III)

Monthly Report. The Collateral Agent shall prepare (based on information provided to it by the Collateral ManagerServicer, the Agent, the Lender Agents Facility Agent and the Lenders as set forth herein) a Monthly Report in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report to the Agent, each Lender AgentFacility Agent (including by electronic delivery to xxx.xxxxx@xx.xxx and xx0.xxxx-xx@xx.xxx), the Borrower and the Collateral Manager Servicer on each Reporting Date starting with the first Reporting Date following 30 calendar days after the Effective Date. Each Monthly Report shall specify the amounts for payment pursuant to each clause of Section 8.3(a) and, to the extent sufficient funds are available therefor, such amounts shall be paid using Collections received in October 2021the applicable Eligible Currency. To the extent Collections in any Eligible Currency are insufficient, the Servicer shall direct that amounts be converted from each other Eligible Currency (pro rata, or as otherwise specified by the Servicer to the Facility Agent and the Collateral Agent in writing) using the Applicable Conversion Rate; provided that the Servicer shall provide any such direction at least two (2) Business Days prior to the applicable Distribution Date (provided further that such direction is received by 12:00 p.m. (New York time) on such date (otherwise such request will be deemed made on the next succeeding Business Day)). If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Facility Agent) a copy of such notice and information to the Agent, each Lender Facility Agent and the Collateral ManagerServicer. If the Collateral Agent agrees with any such correction and unless the Collateral Agent is otherwise timely directed by the Facility Agent, the Collateral Agent shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Facility Agent that the Collateral Agent should not make such correction, then the Collateral Agent shall take such action as instructed by (within one Business Day) contact the Facility Agent and shall have no responsibilities with respect request instructions on how to the applicable Monthly Reportproceed. The Facility Agent’s reasonable determination with regard to any disputed item in the Monthly Report shall be final. The Servicer shall cooperate with the Collateral Agent in connection with the preparation of the Monthly Reports and any supplement thereto. Without limiting the generality of the foregoing, the Servicer shall supply any information maintained by it that the Collateral Agent may from time to time reasonably request with respect to the Collateral and reasonably needs to complete the reports, calculations and certificates required to be prepared by the Collateral Agent hereunder or required to permit the Collateral Agent to perform its obligations hereunder. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, (i) the Servicer shall be responsible for providing the Collateral Agent the information required for parts (a) through (c) of Exhibit D for such Monthly Report and (ii) the Facility Agent and the Lender Agents Lenders shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively rely. The Agent Servicer shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the AgentServicer, the Collateral Agent shall send such reports, instructions, statements and certificates shall be executed by to the Borrower and the Collateral Manager and, in the case of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly ReportServicer for execution.

Appears in 1 contract

Samples: Loan Financing and Servicing Agreement (MSD Investment Corp.)

Monthly Report. The Collateral Agent shall prepare (based on information provided to it by the Collateral ManagerServices Provider, the Facility Agent, the Lender Agents and the Lenders as set forth herein) a Monthly Report in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report to the AgentFacility Agent (at the email addresses set forth under Section 10.21(b)), each Lender Agent, Agent the Borrower and the Collateral Manager Services Provider on each Reporting Date starting with the Reporting Date in October 2021February 2019. If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Facility Agent) a copy of such notice and information to the Facility Agent, each Lender Agent and the Collateral ManagerServices Provider. If the Collateral Agent agrees with any such correction and unless the Collateral Agent is otherwise timely directed by the Facility Agent, the Collateral Agent shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Facility Agent that the Collateral Agent should not make such correction, then the Collateral Agent shall take such action as instructed by (within one Business Day) contact the Facility Agent and shall have no responsibilities with respect request instructions on how to the applicable Monthly Reportproceed. The Facility Agent’s reasonable determination with regard to any disputed item item, after consultation with the Services Provider, in the Monthly Report shall be final. The Services Provider shall cooperate with the Collateral Agent in connection with the preparation of the Monthly Reports and any supplement thereto. Without limiting the generality of the foregoing, the Services Provider shall supply any information maintained by it that the Collateral Agent may from time to time reasonably request with respect to the Collateral and reasonably needs to complete the reports, calculations and certificates required to be prepared by the Collateral Agent hereunder or required to permit the Collateral Agent to perform its obligations hereunder. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, (i) the Services Provider shall be responsible for providing the Collateral Agent the information required for parts (a) through (c) of Exhibit D for such Monthly Report and (ii) the Facility Agent and the Lender Agents Lenders shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively rely. The Services Provider and the Facility Agent shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the Services Provider and the Facility Agent, the Collateral Agent shall send such reports, instructions, statements and certificates shall be executed by to the Borrower and the Collateral Manager and, in the case of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly ReportServices Provider for execution.

Appears in 1 contract

Samples: Loan Financing and Servicing Agreement (Owl Rock Capital Corp)

Monthly Report. The Collateral Agent shall prepare (based on information provided to it by the Collateral ManagerServicer, the Agent, the Lender Agents Facility Agent and the Lenders as set forth herein) a Monthly Report in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report to the Agent, each Lender Facility Agent, the Borrower and the Collateral Manager Servicer on each Reporting Date starting with the Reporting Date in October 2021September, 2024. If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Facility Agent) a copy of such notice and information to the Agent, each Lender Facility Agent and the Collateral ManagerServicer. If the Collateral Agent agrees with any such correction and unless the Collateral Agent is otherwise timely directed by the Facility Agent, the Collateral Agent shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Facility Agent that the Collateral Agent should not make such correction, then the Collateral Agent shall take such action as instructed by (within one Business Day) contact the Facility Agent and shall have no responsibilities with respect request instructions on how to the applicable Monthly Reportproceed. The Facility Agent’s reasonable determination with regard to any disputed item in the Monthly Report shall be final. The Servicer shall cooperate with the Collateral Agent in connection with the preparation of the Monthly Reports and any supplement thereto. Without limiting the generality of the foregoing, the Servicer shall supply any information maintained by it that the Collateral Agent may from time to time reasonably request with respect to the Collateral and reasonably needs to complete the reports, calculations and certificates required to be prepared by the Collateral Agent hereunder or required to permit the Collateral Agent to perform its obligations hereunder. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, (i) the Servicer shall be responsible for providing the Collateral Agent the information required for parts (a) through (c) of Exhibit D for such Monthly Report and (ii) the Facility Agent and the Lender Agents Lenders shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively rely. The Agent Servicer shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the AgentServicer, the Collateral Agent shall send such reports, instructions, statements and certificates shall be executed by to the Borrower and the Collateral Manager and, in the case of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly ReportServicer for execution.

Appears in 1 contract

Samples: Loan Financing and Servicing Agreement (SCP Private Credit Income BDC LLC)

Monthly Report. The Collateral Agent shall prepare (based on information provided to it by the Collateral ManagerServicer, the Facility Agent, the Lender Agents and the Lenders as set forth herein) a Monthly Report in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report to the Facility Agent, each Lender Agent, Agent the Borrower and the Collateral Manager Servicer on each Reporting Date starting with the Reporting Date in October 2021April 2024. If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Facility Agent) a copy of such notice and information to the Facility Agent, each Lender Agent and the Collateral ManagerServicer. If the Collateral Agent agrees with any such correction and unless the Collateral Agent is otherwise timely directed by the Facility Agent, the Collateral Agent shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Facility Agent that the Collateral Agent should not make such correction, then the Collateral Agent shall take such action as instructed by (within one Business Day) contact the Facility Agent and request instructions on how to proceed and shall have no responsibilities proceed in accordance with respect to such instructions from the applicable Monthly ReportFacility Agent. The Facility Agent’s reasonable determination with regard to any disputed item in the Monthly Report shall be final. The Servicer shall reasonably cooperate with the Collateral Agent in connection with the preparation of the Monthly Reports and any supplement thereto. Without limiting the generality of the foregoing, the Servicer shall supply any information maintained by it that the Collateral Agent may from time to time reasonably request with respect to the Collateral and reasonably needs to complete the reports, calculations and certificates required to be prepared by the Collateral Agent hereunder or required to permit the Collateral Agent to perform its obligations hereunder. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, (i) the Servicer shall be responsible for providing the Collateral Agent the information required for parts (a) through (c) of Exhibit D for such Monthly Report and (ii) the Facility Agent and the Lender Agents shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively rely. The Agent Servicer shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the AgentServicer, the Collateral Agent shall send such reports, instructions, statements and certificates shall be executed by to the Borrower and the Collateral Manager and, in the case of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly ReportServicer for execution.

Appears in 1 contract

Samples: Loan Financing and Servicing Agreement (Oaktree Strategic Credit Fund)

Monthly Report. The Collateral Agent Administrator shall prepare (based on information provided to it by the Collateral ManagerServicer, the Agent, the Collateral Agent, the Lender Agents and the Lenders as set forth herein) a Monthly Report in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report to the Agent, each Lender Agent, the Borrower and the Collateral Manager Servicer on each Reporting Date starting with the Reporting Date in October 2021September 2023. If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent Administrator and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Agent) a copy of such notice and information to the Agent, each Lender Agent and the Collateral ManagerServicer. If Unless the Collateral Agent agrees with any such correction and unless the Collateral Agent Administrator is otherwise timely directed by the Agent, the Collateral Agent Administrator shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent Administrator does not agree with any such correction or it is directed by the Agent that the Collateral Agent Administrator should not make such correction, then the Collateral Agent Administrator shall take such action as instructed by the Agent and shall have no responsibilities with respect to the applicable Monthly Report. The Agent’s reasonable determination with regard to any disputed item in the Monthly Report shall be final. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, the Agent and the Lender Agents shall be responsible for providing to the Collateral Agent Administrator the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively rely. The Agent Servicer shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the AgentServicer, such reports, instructions, statements and certificates shall be executed by the Borrower and the Collateral Manager Servicer and, in the case of the Monthly Report, the Monthly Report shall constitute an instruction from the Borrower and the Servicer to the Collateral Agent shall to make the distributions required by Section 8.3 pursuant to such Monthly Report.

Appears in 1 contract

Samples: Loan and Servicing Agreement (Ares Strategic Income Fund)

Monthly Report. The Collateral Agent shall prepare Not later than the second Business Day prior to each Settlement Date (based each such date, a “Reporting Date”) a Monthly Report, duly executed by a Responsible Officer of the Borrower, or the Servicer on its behalf, setting forth the information contained in such Monthly Report for the Measuring Period ending most recently prior to such date (provided that if and to it by the Collateral Manager, extent such information is available only from a Lessee or the Administrative Agent, the Lender Agents Borrower’s obligation to provide such information shall be limited to providing such information as the Borrower or the Servicer is able to obtain from the Administrative Agent and such Lessee through commercially reasonable efforts to enforce applicable provisions of the applicable Lease), including calculations (in reasonable detail) with respect to the Utilization Ratio and the Lenders Concentration Limits, a complete list showing the make, manufacturer, model, car number and Mark of each Portfolio Railcar and each Lease with respect thereto, any Lease Event of Default that has occurred and is continuing on such date, and a cash collection summary for the Measuring Period (which shall include, if any Trinsight Fees were deposited into the Collection Account during the relevant Measuring Period, a confirmation of the amount of such Trinsight Fees, and, if the Servicer so desires, a direction as set forth herein) a Monthly Report to where the Depositary should remit such Trinsight Fees on the immediately succeeding Settlement Date), together with an executed and fully completed officer’s certificate substantially in the form of Exhibit D determined hereto (if expenses are to be reimbursed to the Servicer as of described in such certificate). The Administrative Agent shall review the close of business on each Determination Date and make available such Monthly Report to the Agentand, each Lender Agentin its sole discretion, provide the Borrower and the Collateral Manager on each Reporting Date starting with the Reporting Date in October 2021. If any party receiving any Monthly Report disagrees with any items of such reportcorrections or supplemental information regarding the Loans or amounts paid into or held in the Collection Account, it which corrections and/or information the Borrower, or the Servicer on its behalf, shall contact the Collateral Agent and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Agent) a copy of such notice and information to the Agent, each Lender Agent and the Collateral Manager. If the Collateral Agent agrees with any such correction and unless the Collateral Agent is otherwise timely directed by the Agent, the Collateral Agent shall distribute include in a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Agent that the Collateral Agent should not make such correction, then the Collateral Agent shall take such action as instructed by the Agent and shall have no responsibilities with respect to the applicable Monthly Report. The Agent’s reasonable determination with regard to any disputed item in Administrative Agent shall promptly thereafter provide the Monthly Report shall be final. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, the Agent Lenders and the Lender Agents shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively rely. The Agent shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the Agent, such reports, instructions, statements and certificates shall be executed by the Borrower and the Collateral Manager and, in the case Derivatives Creditors with a copy of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 as revised pursuant to such Monthly Reportthe preceding sentence.

Appears in 1 contract

Samples: Term Loan Agreement (Trinity Industries Inc)

Monthly Report. The Collateral Agent (a) On or before each Payment Date, the Indenture Trustee shall prepare (based on information provided make available electronically to it each Noteholder and Certificateholder, the Monthly Report prepared by the Collateral ManagerAdministrator and delivered to the Indenture Trustee on the preceding Determination Date and setting forth, among other things, the Agent, following information: (i) the Lender Agents and amount of Underlying Payments received on the Lenders as set forth hereinrelated Underlying Payment Date; (ii) a Monthly Report the amount of Available Funds on deposit in the form Payment Account on the related Underlying Payment Date; (iii) the amount of Exhibit D determined Trustee Fees and Expenses, Administration Fee, Class A Monthly Interest, Class A Deficiency Amounts and Additional Interest, respectively; (iv) the total amount to be distributed to the Class A Noteholders on such Payment Date; and (v) the outstanding principal balance of the Class A Notes as of the close end of business the day on the Payment Date. On or before each Determination Date and make available such Monthly Report Payment Date, to the Agent, each Lender Agent, extent the Borrower and the Collateral Manager on each Reporting Date starting with the Reporting Date in October 2021. If any party receiving any Monthly Report disagrees with any items of Administrator provides such report, it shall contact the Collateral Agent and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Agent) a copy of such notice and information to the AgentIndenture Trustee, each Lender Agent and the Collateral Manager. If Indenture Trustee will make available the Collateral Agent agrees Monthly Report via the Indenture Trustee’s Internet website and, with any the consent or at the direction of the Issuer, such correction and unless other information regarding the Collateral Agent is otherwise timely directed Securities and/or the Underlying Securities as the Indenture Trustee may have in its possession, but only with the use of a password provided by the AgentIndenture Trustee; provided, however, the Collateral Agent shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Agent that the Collateral Agent should not make such correction, then the Collateral Agent shall take such action as instructed by the Agent and Indenture Trustee shall have no responsibilities with respect obligation to provide such information described in this Section 6.2 until it has received the requisite information from the Issuer or the Administrator and the applicable Noteholder or Certificateholder has completed 4143-0949-1521 the information necessary to obtain a password from the Indenture Trustee. The Indenture Trustee will make no representation or warranties as to the applicable Monthly Reportaccuracy or completeness of such documents and will assume no responsibility therefor. (b) The Indenture Trustee’s internet website shall be initially located at “xxx.xxxxxxxxxxxxxxxxxxxxxx.xxx” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders and Certificateholders. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Agent’s reasonable determination Indenture Trustee shall not be liable for information disseminated in accordance with regard to any disputed item in the Monthly Report shall be final. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, the Agent and the Lender Agents shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively rely. The Agent shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the Agent, such reports, instructions, statements and certificates shall be executed by the Borrower and the Collateral Manager and, in the case of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly Reportthis Indenture.

Appears in 1 contract

Samples: Indenture (Oportun Financial Corp)

Monthly Report. The Collateral Agent Administrator shall prepare (based on information provided to it by the Collateral ManagerServicer, the Agent, the Collateral Agent, the Lender Agents and the Lenders as set forth herein) a Monthly Report in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report to the Agent, each Lender Agent, the Borrower and the Collateral Manager Servicer on each Reporting Date starting with the Reporting Date in October 2021September 2023. If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent Administrator and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Agent) a copy of such notice and information to the Agent, each Lender Agent and the Collateral ManagerServicer. If Unless the Collateral Agent agrees with any such correction and unless the Collateral Agent Administrator is otherwise timely directed by the Agent, the Collateral Agent Administrator shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent Administrator does not agree with any such correction or it is directed by the Agent that the Collateral Agent Administrator should not make such correction, then the Collateral Agent Administrator shall take such action as instructed by the Agent and shall have no responsibilities with respect to the applicable Monthly Report. The Agent’s reasonable determination with regard to any disputed item in the Monthly Report shall be final. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, the Agent and the Lender Agents shall be responsible for providing to the Collateral Agent Administrator the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively rely. The Agent Servicer shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the AgentServicer, such reports, instructions, statements and certificates shall be executed by the Borrower and the Collateral Manager Servicer and, in the case of the Monthly Report, the Collateral Agent Monthly Report shall make the distributions required by Section 8.3 pursuant to such Monthly Report.constitute an

Appears in 1 contract

Samples: Loan and Servicing Agreement (Ares Strategic Income Fund)

Monthly Report. The Collateral Agent (i) On or before each Payment Date, the Indenture Trustee shall prepare (based on information provided make available electronically to it each Noteholder and Certificateholder, the Monthly Report prepared by the Collateral ManagerAdministrator and delivered to the Indenture Trustee on the preceding Determination Date and setting forth, among other things, the Agent, following information: 1. the Lender Agents and amount of Underlying Payments received on the Lenders as set forth herein) a Monthly Report related Underlying Payment Date; 4147-9029-0755.4 2. the amount of Available Funds on deposit in the form Payment Account on the related Underlying Payment Date; 3. the amount of Exhibit D determined Trustee Fees and Expenses, Administration Fee, Class A Monthly Interest, Class A Deficiency Amounts and Additional Interest, respectively; 4. the total amount to be distributed to the Class A Noteholders on such Payment Date; and 5. the outstanding principal balance of the Class A Notes as of the close end of business the day on the Payment Date. On or before each Determination Date and make available such Monthly Report Payment Date, to the Agent, each Lender Agent, extent the Borrower and the Collateral Manager on each Reporting Date starting with the Reporting Date in October 2021. If any party receiving any Monthly Report disagrees with any items of Administrator provides such report, it shall contact the Collateral Agent and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Agent) a copy of such notice and information to the AgentIndenture Trustee, each Lender Agent and the Collateral Manager. If Indenture Trustee will make available the Collateral Agent agrees Monthly Report via the Indenture Trustee’s Internet website and, with any the consent or at the direction of the Issuer, such correction and unless other information regarding the Collateral Agent is otherwise timely directed Securities and/or the Underlying Securities as the Indenture Trustee may have in its possession, but only with the use of a password provided by the AgentIndenture Trustee; provided, however, the Collateral Agent shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Agent that the Collateral Agent should not make such correction, then the Collateral Agent shall take such action as instructed by the Agent and Indenture Trustee shall have no responsibilities with respect obligation to provide such information described in this Section 6.2 until it has received the requisite information from the Issuer or the Administrator and the applicable Noteholder or Certificateholder has completed the information necessary to obtain a password from the Indenture Trustee. The Indenture Trustee will make no representation or warranties as to the applicable Monthly Reportaccuracy or completeness of such documents and will assume no responsibility therefor. (ii) The Indenture Trustee’s internet website shall be initially located at “xxx.xxxxxxxxxxxxxxxxxxxxxx.xxx” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders and Certificateholders. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Agent’s reasonable determination Indenture Trustee shall not be liable for information disseminated in accordance with regard to any disputed item in the Monthly Report shall be final. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, the Agent and the Lender Agents shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively rely. The Agent shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the Agent, such reports, instructions, statements and certificates shall be executed by the Borrower and the Collateral Manager and, in the case of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly Reportthis Indenture.

Appears in 1 contract

Samples: Indenture (Oportun Financial Corp)

Monthly Report. The Collateral Agent (a) On or before each Payment Date, the Indenture Trustee shall prepare (based on information provided make available electronically to it each Noteholder and Certificateholder, the Monthly Report prepared by the Collateral ManagerAdministrator and delivered to the Indenture Trustee on the preceding Determination Date and setting forth, among other things, the Agent, following information: (i) the Lender Agents and amount of Underlying Payments received on the Lenders as set forth hereinrelated Underlying Payment Date; (ii) a Monthly Report the amount of Available Funds on deposit in the form Payment Account on the related Underlying Payment Date; (iii) the amount of Exhibit D determined Trustee Fees and Expenses, Administration Fee, Class A Monthly Interest, Class A Deficiency Amounts and Additional Interest, respectively; (iv) the total amount to be distributed to the Class A Noteholders on such Payment Date; and (v) the outstanding principal balance of the Class A Notes as of the close end of business the day on the Payment Date. On or before each Determination Date and make available such Monthly Report Payment Date, to the Agent, each Lender Agent, extent the Borrower and the Collateral Manager on each Reporting Date starting with the Reporting Date in October 2021. If any party receiving any Monthly Report disagrees with any items of Administrator provides such report, it shall contact the Collateral Agent and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Agent) a copy of such notice and information to the AgentIndenture Trustee, each Lender Agent and the Collateral Manager. If Indenture Trustee will make available the Collateral Agent agrees Monthly Report via the Indenture Trustee’s Internet website and, with any the consent or at the direction of the Issuer, such correction and unless other information regarding the Collateral Agent is otherwise timely directed Securities and/or the Underlying Securities as the Indenture Trustee may have in its possession, but only with the use of a password provided by the AgentIndenture Trustee; provided, however, the Collateral Agent shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Agent that the Collateral Agent should not make such correction, then the Collateral Agent shall take such action as instructed by the Agent and Indenture Trustee shall have no responsibilities with respect obligation to provide such information described in this Section 6.2 until it has received the requisite information from the Issuer or the Administrator and the applicable Noteholder or Certificateholder has completed the information necessary to obtain a password from the Indenture Trustee. The Indenture Trustee will make no representation or warranties as to the applicable Monthly Reportaccuracy or completeness of such documents and will assume no responsibility therefor. (b) The Indenture Trustee’s internet website shall be initially located at “xxx.xxxxxxxxxxxxxxxxxxxxxx.xxx” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders and Certificateholders. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Agent’s reasonable determination Indenture Trustee shall not be liable for information disseminated in accordance with regard to any disputed item in the Monthly Report shall be final. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, the Agent and the Lender Agents shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively rely. The Agent shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the Agent, such reports, instructions, statements and certificates shall be executed by the Borrower and the Collateral Manager and, in the case of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly Reportthis Indenture.

Appears in 1 contract

Samples: Indenture (Oportun Financial Corp)

Monthly Report. The Collateral Agent shall prepare (based on information provided to it by the Collateral ManagerServicer, the Facility Agent, the Lender Agents and the Lenders as set forth herein) a Monthly Report in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report to the Facility Agent, each Lender Agent, the Borrower and the Collateral Manager Servicer on each Reporting Date starting with the Reporting Date in October 2021November 2018. If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Facility Agent) a copy of such notice and information to the Facility Agent, each Lender Agent and the Collateral ManagerServicer. If the Collateral Agent agrees with any such correction and unless Unless the Collateral Agent is otherwise timely directed by the Facility Agent, the Collateral Agent shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Facility Agent that the Collateral Agent should not make such correction, then the Collateral Agent shall take such action as instructed by the Agent and shall have no responsibilities with respect to the applicable Monthly ReportFacility Agent. The Facility Agent’s reasonable determination with regard to any disputed item in the Monthly Report shall be final. The Servicer shall cooperate with the Collateral Agent in connection with the preparation of the Monthly Report and any supplement thereto. Without limiting the generality of the foregoing, the Servicer shall supply any information maintained by it that the Collateral Agent may from time to time reasonably request with respect to the Collateral and reasonably needs to complete the reports, calculations and certificates required to be prepared by the Collateral Agent hereunder or required to permit the Collateral Agent to perform its obligations hereunder. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, (i) the Servicer shall be responsible for providing the Collateral Agent the information required for parts (a) through (c) of Exhibit D of the Monthly Report and (ii) the Facility Agent and the Lender Agents shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively rely. The Facility Agent shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the Facility Agent, such reports, instructions, statements and certificates shall be executed by the Borrower and the Collateral Manager Servicer and, in the case of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly Report.

Appears in 1 contract

Samples: Loan Financing and Servicing Agreement (Blackstone Private Credit Fund)

Monthly Report. The Collateral Agent shall prepare (based on information provided to it by the Collateral Investment Manager, the Agent, the Lender Agents Administrative Agent and the Lenders as set forth herein) a Monthly Report in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report to the Agent, each Lender Administrative Agent, the Borrower and the Collateral Investment Manager on each Reporting Date starting with the Reporting Date in October 2021March 2014. If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Administrative Agent) a copy of such notice and information to the Agent, each Lender Administrative Agent and the Collateral Investment Manager. If the Collateral Agent agrees with any such correction and unless Unless the Collateral Agent is otherwise timely directed by the Administrative Agent, the Collateral Agent shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Administrative Agent that the Collateral Agent should not make such correction, then the Collateral Agent shall take such action as instructed by the Agent and shall have no responsibilities with respect to the applicable Monthly ReportAdministrative Agent. The Administrative Agent’s reasonable determination with regard to any disputed item in the Monthly Report shall be final. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, the Administrative Agent and the Lender Agents Lenders shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively rely. The Administrative Agent shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the Administrative Agent, such reports, instructions, statements and certificates shall be executed by the Borrower and the Collateral Investment Manager and, in the case of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly Report.

Appears in 1 contract

Samples: Loan Financing and Servicing Agreement (FS Investment Corp II)

Monthly Report. The Collateral Agent Administrator shall prepare (based on information provided to it by the Collateral ManagerServicer, the Agent, the Collateral Agent, the Lender Agents and the Lenders as set forth herein) a Monthly Report in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report to the Agent, each Lender Agent, the Borrower and the Collateral Manager Servicer on each Reporting Date starting with the Reporting Date in October 2021November 2024. If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent Administrator and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Agent) a copy of such notice and information to the Agent, each Lender Agent and the Collateral ManagerServicer. If Unless the Collateral Agent agrees with any such correction and unless the Collateral Agent Administrator is otherwise timely directed by the Agent, the Collateral Agent Administrator shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent Administrator does not agree with any such correction or it is directed by the Agent that the Collateral Agent Administrator should not make such correction, then the Collateral Agent Administrator shall take such action as instructed by the Agent and shall have no responsibilities with respect to the applicable Monthly Report. The Agent’s reasonable determination with regard to any disputed item in the Monthly Report shall be final. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, the Agent and the Lender Agents shall be responsible for providing to the Collateral Agent Administrator the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively rely. The Agent Servicer shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the AgentServicer, such reports, instructions, statements and certificates shall be executed by the Borrower and the Collateral Manager Servicer and, in the case of the Monthly Report, the Monthly Report shall constitute an instruction from the Borrower and the Servicer to the Collateral Agent shall to make the distributions required by Section 8.3 pursuant to such Monthly Report.

Appears in 1 contract

Samples: Loan and Servicing Agreement (AGL Private Credit Income Fund)

Monthly Report. The On each Determination Date, the Servicer shall deliver to the Deal Agent, each Lender, the Collateral Agent shall prepare (based on information provided to it by the Collateral Manager, the Agent, the Lender Agents and the Lenders as set forth herein) Backup Servicer a Monthly Report report in substantially the form of Exhibit D determined as B attached hereto (the “Monthly Report”) for the related Collection Period. Each Lender (or the Deal Agent, on behalf of each Lender) shall provide to the close Borrower, the Servicer and the Backup Servicer by the fifth (5th) Business Day prior to each Payment Date, information relating to the amount of business on each Determination Date obligation which comprises the Class A Interest Distributable Amount (including the Class A Interest Carryover Shortfall, if any), the Class B Interest Distributable Amount (including the Class B Interest Carryover Shortfall, if any), the Class C Interest Distributable Amount (including the Class C Interest Carryover Shortfall, if any), Increased Costs, Indemnified Amounts and make available Additional Amounts for the Accrual Period relating to such Payment Date. The Monthly Report to the Agentshall specify whether an Amortization Event, each Lender Agent, the Borrower and the Collateral Manager on each Reporting Date starting with the Reporting Date in October 2021. If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Agent) a copy of such notice and information to the Agent, each Lender Agent and the Collateral Manager. If the Collateral Agent agrees with any such correction and unless the Collateral Agent is otherwise timely directed by the Agent, the Collateral Agent shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction Termination Event or it is directed by the Agent that the Collateral Agent should not make such correction, then the Collateral Agent shall take such action as instructed by the Agent and shall have no responsibilities Unmatured Termination Event has occurred with respect to the applicable Monthly Report. The Agent’s reasonable determination with regard to any disputed item in the Monthly Report shall be final. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, the Agent and the Lender Agents shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for Collection Period preceding such Monthly Report on which the Collateral Agent may conclusively rely. The Agent shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificatesDetermination Date. Upon receipt of approval from the Agent, such reports, instructions, statements and certificates shall be executed by the Borrower and the Collateral Manager and, in the case of the Monthly Report, the Deal Agent and the Collateral Agent shall make rely (and shall be fully protected in so relying) on the information contained therein for the purposes of making distributions required and allocations as provided for herein. Each Monthly Report shall be certified by Section 8.3 pursuant to such Monthly Reporta Responsible Officer of the Servicer.

Appears in 1 contract

Samples: Loan and Security Agreement (Credit Acceptance Corp)

Monthly Report. The Collateral Agent shall prepare (based on information provided to it by the Collateral ManagerServicer, the Facility Agent, the Lender Agents and the Lenders as set forth herein) a Monthly Report in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report to the Facility Agent, each Lender Agent, Agent the Borrower and the Collateral Manager Servicer on each Reporting Date starting with the Reporting Date in October 20212018. If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Facility Agent) a copy of such notice and information to the Facility Agent, each Lender Agent and the Collateral ManagerServicer. If the Collateral Agent agrees with any such correction and unless the Collateral Agent is otherwise timely directed by the Facility Agent, the Collateral Agent shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Facility Agent that the Collateral Agent should not make such correction, then the Collateral Agent shall take such action as instructed by (within one Business Day) contact the Facility Agent and shall have no responsibilities with respect request instructions on how to the applicable Monthly Reportproceed. The Facility Agent’s reasonable determination with regard to any disputed item in the Monthly Report shall be final. The Servicer shall reasonably cooperate with the Collateral Agent in connection with the preparation of the Monthly Reports and any supplement thereto. Without limiting the generality - 93 USActive 49316845.1149316845.12 of the foregoing, the Servicer shall supply any information maintained by it that the Collateral Agent may from time to time reasonably request with respect to the Collateral and reasonably - 94 USActive 49316845.1149316845.12 needs to complete the reports, calculations and certificates required to be prepared by the Collateral Agent hereunder or required to permit the Collateral Agent to perform its obligations hereunder. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, (i) the Servicer shall be responsible for providing the Collateral Agent the information required for parts (a) through (c) of Exhibit D for such Monthly Report and (ii) the Facility Agent and the Lender Agents shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively rely. The Agent Servicer shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the AgentServicer, the Collateral Agent shall send such reports, instructions, statements and certificates shall be executed by to the Borrower and the Collateral Manager and, in the case of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly ReportServicer for execution.

Appears in 1 contract

Samples: Loan Financing and Servicing Agreement (Oaktree Strategic Income Corp)

Monthly Report. The Collateral Agent shall prepare Not later than the second Business Day prior to each Settlement Date a Monthly Report setting forth the information required to be contained in such Monthly Report for the Measuring Period ending most recently prior to such date (based on provided that if and to the extent such information provided to it by the Collateral Manager, is available only from a Lessee or the Agent, the Lender Agents Borrower’s obligation to provide such information shall be limited to providing such information as the Borrower is able to obtain from the Agent and such Lessee through commercially reasonable efforts to enforce applicable provisions of the Lenders as set forth herein) applicable Lease), including a Monthly Report complete list showing the Manufacturer, type, car number, date of manufacture and Mark of each Portfolio Railcar and each Lease with respect thereto, together with an executed and fully completed officer’s certificate substantially in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report F hereto (if expenses are to be reimbursed to the Agent, each Lender Agent, the Borrower and the Collateral Manager on each Reporting Date starting with the Reporting Date Servicer as described in October 2021such certificate). If any party receiving any Monthly Report disagrees with any items of such reportTrinsight Fees were deposited into the Collection Account during the relevant Measuring Period, it shall contact the Collateral Agent and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Agent) a copy of such notice and information to the Agent, each Lender Agent and the Collateral Manager. If the Collateral Agent agrees with any such correction and unless the Collateral Agent is otherwise timely directed by the Agent, the Collateral Agent shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Agent that the Collateral Agent should not make such correction, then the Collateral Agent shall take such action as instructed by the Agent and shall have no responsibilities with respect to the applicable Monthly Report. The Agent’s reasonable determination with regard to any disputed item in the Monthly Report shall be final. Without limiting the generality contain a confirmation of the foregoingamount of such Trinsight Fees, in connection with and, if the preparation of Servicer so desires, a Monthly Report, direction as to where the Agent and Depositary should remit such Trinsight Fees on the Lender Agents shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively relyimmediately succeeding Settlement Date. The Agent shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the Agent, such reports, instructions, statements and certificates shall be executed by the Borrower and the Collateral Manager Report and, in its sole discretion, provide the case Borrower with any corrections or supplemental information regarding the Loans or amounts paid into or held in the Accounts, which corrections and/or information the Borrower shall include in a revised Monthly Report. Not later than the second Business Day after receipt of any corrections or supplemental information provided by the Agent (or, absent any such corrections or supplemental information, not later than the second 84 762040188 Business Day after such Settlement Date), the Borrower shall provide the Lenders with a copy of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 as revised pursuant to such Monthly Reportthe preceding sentence.

Appears in 1 contract

Samples: Warehouse Loan Agreement (Trinity Industries Inc)

Monthly Report. The Collateral Agent shall prepare (based on information provided to it by the Collateral Investment Manager, the Facility Agent, the Lender Agents and the Lenders as set forth herein) a Monthly Report in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report to the AgentFacility Agent (including by electronic delivery to xxx.xxxxx@xx.xxx and xx0.xxxx-xx@xx.xxx), each Lender Agent, the Borrower and the Collateral Investment Manager on each Reporting Date starting with the Reporting Date in October 2021March 2014. If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Facility Agent) a copy of such notice and information to the Facility Agent, each Lender Agent and the Collateral Investment Manager. If the Collateral Agent agrees with any such correction and unless Unless the Collateral Agent is otherwise timely directed by the Facility Agent, each Agent, the Collateral Agent shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Facility Agent that the Collateral Agent should not make such correction, then the Collateral Agent shall take such action as instructed by the Agent and shall have no responsibilities with respect to the applicable Monthly ReportFacility Agent. The Facility Agent’s reasonable determination with regard to any disputed item in the Monthly Report shall be final. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, the Facility Agent and the Lender Agents shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively rely. The Facility Agent shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the Facility Agent, such reports, instructions, statements and certificates shall be executed by the Borrower and the Collateral USActive 31637433.35 -86- Investment Manager and, in the case of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly Report.

Appears in 1 contract

Samples: Loan Financing and Servicing Agreement (FS KKR Capital Corp)

Monthly Report. The Collateral Agent Manager shall prepare (based on information provided to it by the Collateral Manager, the Agent, the Lender Agents Administrative Agent and the Lenders Lenders, as set forth hereinapplicable) a Monthly Report monthly report in the form of Exhibit D K (each such report, a “Monthly Report”) determined as of the close of business on each Determination Date and shall make available such Monthly Report to the Administrative Agent, each Lender Agentthe Lenders, the Borrower and the Collateral Manager Agent (with a copy to the Account Bank) on each Reporting Date starting with the Reporting Date in October 2021the first full calendar month after the Closing Date. Each Monthly Report shall specify the amounts (i) for payment in Dollars pursuant to each sub-clause of Section 2.04(a), Section 2.04(b) and Section 2.04(c) and (ii) on deposit in the Canadian Dollar Account, the Euro Account and the GBP Account which shall be converted into Dollars to the extent necessary to make such payments pursuant to Section 2.04; provided that, the Collateral Manager shall provide any directions to the Account Bank in connection with the foregoing by 12:00 noon at least two (2) Business Days prior to the applicable Payment Date. If any party receiving any in receipt of a Monthly Report disagrees with any items of item contained in any such report, it shall contact provide written notice to the Collateral Agent and notify it of Manager (with a copy to the Administrative Agent, as applicable), which notice shall (i) identify any such disputed item and provide (ii) contain reasonably sufficient information necessary to correct any such disputed item, with (if other than the Agent) a copy of such notice and information to the Agent, each Lender Agent and the Collateral Manager. If the Collateral Agent Manager agrees with any such correction and unless the Collateral Agent Manager is otherwise timely directed by the Administrative Agent, the Collateral Agent Manager shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent Manager does not agree with any such correction (or it is so directed by the Agent that Administrative Agent), the Collateral Agent should not make such correction, then Manager shall (within one Business Day) contact with the Collateral Agent shall take such action as instructed by the Administrative Agent and shall have no responsibilities with respect request instructions on how to the applicable Monthly Reportproceed. The Administrative Agent’s reasonable determination with regard to any disputed item in the Monthly Report shall be final. ‑153‑ The Collateral Agent and the Account Bank, as applicable, shall cooperate with the Collateral Manager in connection with the preparation of each Monthly Report and any supplements thereto. Without limiting the generality of the foregoing, in the Collateral Agent and the Account Bank shall timely supply any information maintained thereby, which the Collateral Manager may from time to time reasonably request with respect to the Collateral Portfolio and which the Collateral Manager needs to complete the reports, calculations and certificates required to be prepared by the Collateral Manager hereunder. In connection with the preparation of a each Monthly Report, : (i) the Collateral Manager shall be responsible for the information required for parts (a) through (c) of Exhibit K for each such Monthly Report and (ii) the Administrative Agent and the Lender Agents applicable Lenders shall be responsible for providing to the Collateral Agent Manager the information required by Section 3.4 2.03(c) and any other information required for part (d) of Exhibit D K for each such Monthly Report on which the Report. The Collateral Agent and the Account Bank may conclusively relyrely on the information provided pursuant to the foregoing sentence. The Agent Collateral Manager shall review and verify the contents of the aforesaid reports (including the each Monthly Report), Report and any instructions, statements statements, certificates or other reports delivered in connection therewith, and certificates. Upon receipt of approval from the Agent, each such reports, instructions, statements and certificates Monthly Report shall be executed certified by a Responsible Officer of the Borrower Collateral Manager. Each Monthly Report shall include, without limitation, as certified by a Responsible Officer of the Collateral Manager: (i) a Borrowing Base Certificate calculated as of the most recent Determination Date, (ii) a Collateral Obligation Tape prepared as of the most recent Determination Date and (iii) a calculation of each applicable Collateral Quality Test, each applicable Concentration Limitation and the Collateral Manager andMinimum Equity Test, in the case of the Monthly Reporteach case, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly Reportdemonstrating compliance therewith.

Appears in 1 contract

Samples: Loan and Servicing Agreement (MSD Investment Corp.)

Monthly Report. The Collateral Agent shall prepare (based on information provided to it by the Collateral ManagerServicer, the Agent, the Lender Agents Administrative Agent and the Lenders as set forth herein) a Monthly Report substantially in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report to the Agent, each Lender Administrative Agent, the Borrower and the Collateral Manager Servicer on each Reporting Date starting with the Reporting Date in October 2021April 2014. If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Administrative Agent) a copy of such notice and information to the Agent, each Lender Administrative Agent and the Collateral ManagerServicer. If the Collateral Agent agrees with any such correction and unless the Collateral Agent is otherwise timely directed by the Administrative Agent, the Collateral Agent shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Administrative Agent that the Collateral Agent should not make such correction, then the Collateral Agent shall take such action as instructed by (within one Business Day) contact the Administrative Agent and shall have no responsibilities with respect request instructions on how to the applicable Monthly Reportproceed. The Administrative Agent’s reasonable determination with regard to any disputed item in the Monthly Report shall be final. The Servicer shall cooperate with the Collateral Agent in connection with the preparation of the Monthly Reports and any supplement thereto. Without limiting the generality of the foregoing, the Servicer shall supply any information maintained by it that the Collateral Agent may from time to time reasonably request with respect to the Collateral and reasonably needs to complete the reports, calculations and certificates required to be prepared by the Collateral Agent hereunder or required to permit the Collateral Agent to perform its obligations hereunder. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, (i) the Servicer shall be responsible for providing the Collateral Agent the information required for parts (a) through (c) of Exhibit D for such Monthly Report and (ii) the Administrative Agent and the Lender Agents Lenders shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively rely. The Servicer and the Administrative Agent shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the Servicer and the Administrative Agent, the Collateral Agent shall send such reports, instructions, statements and certificates shall be executed by to the Borrower and the Collateral Manager and, in the case of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly ReportServicer for execution.

Appears in 1 contract

Samples: Loan Financing and Servicing Agreement (Business Development Corp of America)

Monthly Report. The Collateral Agent shall prepare (based on information provided to it by the Collateral ManagerServicer, the Facility Agent, the Lender Agents and the Lenders as set forth herein) a Monthly Report in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report to the Facility Agent, each Lender Agent, Agent the Borrower and the Collateral Manager Servicer on each Reporting Date starting with the Reporting Date in October 20212018. If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Facility Agent) a copy of such notice and information to the Facility Agent, each Lender Agent and the Collateral ManagerServicer. If the Collateral Agent agrees with any such correction and unless the Collateral Agent is otherwise timely directed by the Facility Agent, the Collateral Agent shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Facility Agent that the Collateral Agent should not make such correction, then the Collateral Agent shall take such action as instructed by (within one Business Day) contact the Facility Agent and shall have no responsibilities with respect request instructions on how to the applicable Monthly Reportproceed. The Facility Agent’s reasonable determination with regard to any disputed item in the Monthly Report shall be final. The Servicer shall reasonably cooperate with the Collateral Agent in connection with the preparation of the Monthly Reports and any supplement thereto. Without limiting the generality of the foregoing, the Servicer shall supply any information maintained by it that the Collateral Agent may from time to time reasonably request with respect to the Collateral and reasonably needs to complete the reports, calculations and certificates required to be prepared by the Collateral Agent hereunder or required to permit the Collateral Agent to perform its obligations hereunder. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, (i) the Servicer shall be responsible for providing the Collateral Agent the information required for parts (a) through (c) of Exhibit D for such Monthly Report and (ii) the Facility Agent and the Lender Agents shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively rely. The Agent Servicer shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the AgentServicer, the Collateral Agent shall send such reports, instructions, statements and certificates shall be executed by to the Borrower and the Collateral Manager and, in the case of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly ReportServicer for execution.

Appears in 1 contract

Samples: Loan Financing and Servicing Agreement (Oaktree Specialty Lending Corp)

Monthly Report. The Collateral Agent shall prepare (based on information provided to it by the Collateral Investment Manager, the Administrative Agent, the Lender Agents and the Lenders as set forth herein) a Monthly Report in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report to the Administrative Agent, each Lender Agent, Morningstar, the Borrower and the Collateral Investment Manager on each Reporting Date starting with the Reporting Date in October 2021January 2015. If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Administrative Agent) a copy of such notice and information to the Agent, each Lender Administrative Agent and the Collateral Investment Manager. If the Collateral Agent agrees with any such correction and unless Unless the Collateral Agent is otherwise timely directed by the Administrative Agent, each Agent, the Collateral Agent shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Administrative Agent that the Collateral Agent should not make such correction, then the Collateral Agent shall take such action as instructed by the Agent and shall have no responsibilities with respect to the applicable Monthly ReportAdministrative Agent. The Administrative Agent’s reasonable determination with regard to any disputed item in the Monthly Report shall be final. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, the Administrative Agent and the Lender Agents LendersAgents shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively rely. The Administrative Agent shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the Administrative Agent, such reports, instructions, statements and certificates shall be executed by the Borrower and the Collateral Investment Manager and, in the case of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly Report.

Appears in 1 contract

Samples: Loan Financing and Servicing Agreement (FS Investment Corp III)

Monthly Report. The Collateral Agent shall prepare (based on information provided to it by the Collateral ManagerServicer, the Agent, the Lender Agents Facility Agent and the Lenders as set forth herein) a Monthly Report in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report to the Agent, each Lender AgentFacility Agent (including by electronic delivery to xxx.xxxxx@xx.xxx and xx0.xxxx-xx@xx.xxx), the Borrower and the Collateral Manager Servicer on each Reporting Date starting with the first Reporting Date following 30 calendar days after the Effective Date. Each Monthly Report shall specify the amounts for payment pursuant to each clause of Section 8.3(a) and, to the extent sufficient funds are available therefor, such amounts shall be paid using Collections received in October 2021the applicable Eligible Currency. To the extent Collections in any Eligible Currency are insufficient, the Servicer shall direct that amounts be converted from each other Eligible Currency (pro rata, or as otherwise specified by the Servicer to the Facility Agent and the Collateral Agent in writing) using the Applicable Conversion Rate; provided that the Servicer shall provide any such direction at least two (2) Business Days prior to the applicable Distribution Date (provided further that such direction is received by 12:00 p.m. (New York time) on such date (otherwise such request will be deemed made on the next succeeding Business Day)). If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Facility Agent) a copy of such notice and information to the Agent, each Lender Facility Agent and the Collateral ManagerServicer. If the Collateral Agent agrees with any such correction and unless the Collateral Agent is otherwise timely directed by the Facility Agent, the Collateral Agent shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Facility Agent that the Collateral Agent should not make such correction, then the Collateral Agent shall take such action as instructed by (within one Business Day) contact the Facility Agent and shall have no responsibilities with respect request instructions on how to the applicable Monthly Reportproceed. The Facility Agent’s reasonable determination with regard to any disputed item in the Monthly Report shall be final. The Servicer shall cooperate with the Collateral Agent in connection with the preparation of the Monthly Reports and any supplement thereto. Without limiting the generality of the foregoing, the Servicer shall supply any information maintained by it that the Collateral Agent may from time to time reasonably request with respect to the Collateral and reasonably needs to complete the reports, calculations and certificates required to be prepared by the Collateral Agent hereunder or required to permit the Collateral Agent to perform its obligations hereunder. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, (i) the Servicer shall be responsible for providing the Collateral Agent the information required for USActive 58353885.2 parts (a) through (c) of Exhibit D for such Monthly Report and (ii) the Facility Agent and the Lender Agents Lenders shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively rely. The Agent Servicer shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the AgentServicer, the Collateral Agent shall send such reports, instructions, statements and certificates shall be executed by to the Borrower and the Collateral Manager and, in the case of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly ReportServicer for execution.

Appears in 1 contract

Samples: Loan Financing and Servicing Agreement (MSD Investment Corp.)

Monthly Report. The Collateral Agent Administrator shall prepare (based on information provided to it by the Collateral ManagerServicer, the Agent, the Lender Agents Facility Agent and the Lenders as set forth herein) a Monthly Report in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report to each Agent (via the Collateral Agent’s Website), each Lender Agentthe Facility Agent (including by electronic delivery to xxx.xxxxx@xx.xxx, xx0.xxxx-xx@xx.xxx, xxxx.xxxxx@xx.xxx, xxxxx.xxxxxx@xx.xxx, xxxxxxx.xxxxxxxxx@xx.xxx and xxxxxxxx.xxxxxxxxxxx@xx.xxx), the Borrower and the Collateral Manager Servicer on each Reporting Date starting with the Reporting Date in on October 202111, 2024. If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent Administrator and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Facility Agent) a copy of such notice and information to the Agent, each Lender Facility Agent and the Collateral ManagerServicer. If the Collateral Agent Administrator agrees with any such correction and unless the Collateral Agent Administrator is otherwise timely directed by the Facility Agent, the Collateral Agent shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Facility Agent that the Collateral Agent Administrator should not make such correction, then the Collateral Agent Administrator shall take such action as instructed by (within one Business Day) contact the Facility Agent and shall have no responsibilities with respect request instructions on how to the applicable Monthly Reportproceed. The Facility Agent’s reasonable determination with regard to any disputed item in the Monthly Report shall be final. The Servicer shall cooperate with the Collateral Administrator in connection with the preparation of the Monthly Reports and any supplement thereto. Without limiting the generality of the foregoing, the Servicer shall supply any information maintained by it that the Collateral Administrator may from time to time reasonably request with respect to the Collateral and reasonably needs to complete the reports, calculations and certificates required to be prepared by the Collateral Administrator hereunder or required to permit the Collateral Administrator to perform its obligations hereunder. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, (i) the Servicer shall be responsible for providing the Collateral Administrator the information and calculations required for parts (a) through (c) and (g) of Exhibit D for such Monthly Report and (ii) the Facility Agent and the Lender Agents shall be responsible for providing to the Collateral Agent Administrator the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent Administrator may conclusively rely. The Agent Servicer shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the AgentServicer, the Collateral Administrator shall send such reports, instructions, statements and certificates shall be executed by to the Borrower and the Collateral Manager and, in the case of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly ReportServicer for execution.

Appears in 1 contract

Samples: Loan Financing and Servicing Agreement (Stellus Private Credit BDC)

Monthly Report. The Borrower, the Servicer, the Collateral Administrator and the Administrative Agent hereby agree to work in good faith to prepare an agreed form of monthly report within thirty (30) days of the Closing Date, which form shall be included as Exhibit H hereto. The Collateral Agent Administrator shall prepare (based on information provided to it by the Collateral ManagerServicer, the Administrative Agent, the Lender Agents Securities Intermediary and the Lenders as set forth herein) a Monthly Report in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report to the Administrative Agent, each Lender AgentLender, the Borrower and the Collateral Manager Servicer on each Reporting Date starting with the Reporting Date in October 2021September 2022 (the first such Monthly Report delivered in September 2022 may be a working draft and not the final agreed form). If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent Administrator and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Administrative Agent) a copy of such notice and information to the Agent, each Lender Administrative Agent and the Collateral ManagerServicer. If the Collateral Agent Administrator agrees with any such correction and unless the Collateral Agent Administrator is otherwise timely directed by the Administrative Agent, the Collateral Agent Administrator shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent Administrator does not agree with any such correction or it is directed by the Administrative Agent that the Collateral Agent Administrator should not make such correction, then the Collateral Agent Administrator shall take such action as instructed by (within one Business Day) contact the Administrative Agent and shall have no responsibilities with respect request instructions on how to the applicable Monthly Reportproceed. The Administrative Agent’s reasonable determination with regard to any disputed item in the Monthly Report shall be final. The Servicer shall cooperate with the Collateral Administrator in connection with the preparation of the Monthly Reports and any supplement thereto. Without limiting the generality of the foregoing, in connection the Servicer shall supply any information maintained by it that the Collateral Administrator may from time to time reasonably request with the preparation of a Monthly Report, the Agent and the Lender Agents shall be responsible for providing respect to the Collateral Agent and reasonably needs to complete the information reports, calculations and certificates required to be prepared by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively relyAdministrator hereunder or required to permit the Collateral Administrator to perform its obligations hereunder. The Servicer and the Administrative Agent shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the Agent, such reports, instructions, statements and certificates shall be executed by the Borrower Servicer and the Collateral Manager and, in the case of the Monthly ReportAdministrative Agent, the Collateral Agent Administrator shall send or make the distributions required by Section 8.3 pursuant available such reports or to such Monthly Reportparties hereto.

Appears in 1 contract

Samples: Credit Agreement (HPS Corporate Lending Fund)

Monthly Report. The Collateral Agent shall prepare (based on information provided to it by the Collateral Investment Manager, the Agent, the Lender Agents Administrative Agent and the Lenders as set forth herein) a Monthly Report in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report to the Agent, each Lender Administrative Agent, the Borrower and the Collateral Investment Manager on each Reporting Date starting with the Reporting Date in October 2021June 2013. If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Administrative Agent) a copy of such notice and information to the Agent, each Lender Administrative Agent and the Collateral Investment Manager. If the Collateral Agent agrees with any such correction and unless Unless the Collateral Agent is otherwise timely directed by the Administrative Agent, the Collateral Agent shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Administrative Agent that the Collateral Agent should not make such correction, then the Collateral Agent shall take such action as instructed by the Agent and shall have no responsibilities with respect to the applicable Monthly ReportAdministrative Agent. The Administrative Agent’s reasonable determination with regard to any disputed item in the Monthly Report shall be final. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, the Administrative Agent and the Lender Agents Lenders shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively rely. The Administrative Agent shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the Administrative Agent, such reports, instructions, statements and certificates shall be executed by the Borrower and the Collateral Investment Manager and, in the case of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly Report.

Appears in 1 contract

Samples: Loan Financing and Servicing Agreement (TCP Capital Corp.)

Monthly Report. The Collateral Agent shall prepare (based on information provided to it by the Collateral ManagerServicer, the Agent, the Lender Agents Facility Agent and the Lenders as set forth herein) a Monthly Report in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report to the Agent, each Lender AgentFacility Agent (including by electronic delivery to cxx.xxxxx@xx.xxxxxx.xxxxx@dx.xxx and lx0.xxxx-xx@xx.xxx),lx0.xxxx-xx@xx.xxx), the Borrower and the Collateral Manager Servicer on each Reporting Date starting with the first Reporting Date following 30 calendar days after the Effective Date. Each Monthly Report shall specify the amounts for payment pursuant to each clause of Section 8.3(a) and, to the extent sufficient funds are available therefor, such amounts shall be paid using Collections received in October 2021the applicable Eligible Currency. To the extent Collections in any Eligible Currency are insufficient, the Servicer shall direct that amounts be converted from each other Eligible Currency (pro rata, or as otherwise specified by the Servicer to the Facility Agent and the Collateral Agent in writing) using the Applicable Conversion Rate; provided that the Servicer shall provide any such direction at least two (2) Business Days prior to the applicable Distribution Date (provided further that such direction is received by 12:00 p.m. (New York time) on such date (otherwise such request will be deemed made on the next succeeding Business Day)). If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Facility Agent) a copy of such notice and information to the Agent, each Lender Facility Agent and the Collateral ManagerServicer. If the Collateral Agent agrees with any such correction and unless the Collateral Agent is otherwise timely directed by the Facility Agent, the Collateral Agent shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Facility Agent that the Collateral Agent should not make such correction, then the Collateral Agent shall take such action as instructed by (within one Business Day) contact the Facility Agent and shall have no responsibilities with respect request instructions on how to the applicable Monthly Reportproceed. The Facility Agent’s reasonable determination with regard to any disputed item in the Monthly Report shall be final. The Servicer shall cooperate with the Collateral Agent in connection with the preparation of the Monthly Reports and any supplement thereto. Without limiting the generality of the foregoing, the Servicer shall supply any information maintained by it that the Collateral Agent may from time to time reasonably request with respect to the Collateral and reasonably needs to complete the reports, calculations and certificates required to be prepared by the Collateral Agent hereunder or required to permit the Collateral Agent to perform its obligations hereunder. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, (i) the Servicer shall be responsible for providing the Collateral Agent the information required for parts (a) through (c) of Exhibit D for such Monthly Report and (ii) the Facility Agent and the Lender Agents Lenders shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively rely. The Agent Servicer shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the AgentServicer, the Collateral Agent shall send such reports, instructions, statements and certificates shall be executed by to the Borrower and the Collateral Manager and, in the case of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly ReportServicer for execution.

Appears in 1 contract

Samples: Loan Financing and Servicing Agreement (MSD Investment Corp.)

Monthly Report. The Collateral Agent shall prepare (based on information provided to it by the Collateral ManagerServicer, the Agent, the Lender Agents Facility Agent and the Lenders as set forth herein) a Monthly Report in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report to the Facility Agent, each Lender Agent, the Administrative Agent and the Borrower and the Collateral Manager Servicer on each Reporting Date starting with the Reporting Date for November 2017. Each Monthly Report delivered in October 2021a month with a Distribution Date shall specify the amounts for payment pursuant to each clause of Section 8.3(a) and, to the extent sufficient funds are available therefor, such amounts shall be paid using Collections received in the applicable Eligible Currency. To the extent Collections in any Eligible Currency are insufficient, the Servicer shall direct that amounts be converted from each other Eligible Currency (pro rata, or as otherwise specified by the Servicer to the Facility Agent and the Collateral Agent in writing) using the Applicable Conversion Rate; provided that the Servicer shall provide any such direction at least two (2) Business Days prior to the applicable Distribution Date (provided further that such direction is received by 1:00 p.m. (New York time) on such date (otherwise such request will be deemed made on the next succeeding Business Day)). If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Facility Agent) a copy of such notice and information to the Agent, each Lender Facility Agent and the Collateral ManagerServicer. If the Collateral Agent agrees with any such correction and unless the Collateral Agent is otherwise timely directed by the Facility Agent, the Collateral Agent shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Facility Agent that the Collateral Agent should not make such correction, then the Collateral Agent shall take such action as instructed by (within one Business Day) contact the Facility Agent and shall have no responsibilities with respect request instructions on how to the applicable Monthly Reportproceed. The Facility Agent’s reasonable determination with regard to any disputed item in the Monthly Report shall be final. The Servicer shall cooperate with the Collateral Agent in connection with the preparation of the Monthly Reports and any supplement thereto. Without limiting the generality of the foregoing, the Servicer shall supply any information maintained by it that the Collateral Agent may from time to time reasonably request with respect to the Collateral and reasonably needs to complete the reports, calculations and certificates required to be prepared by the Collateral Agent hereunder or required to permit the Collateral Agent to perform its obligations hereunder. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, (i) the Servicer shall be responsible for providing the Collateral Agent the information required for parts (a) through (c) of Exhibit D for such Monthly Report and (ii) the Facility Agent and the Lender Agents Lenders shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively rely. The Agent Servicer shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the AgentServicer, the Collateral Agent shall send such reports, instructions, statements and certificates shall be executed by to the Borrower and the Collateral Manager and, in the case of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly ReportServicer for execution.

Appears in 1 contract

Samples: Loan Financing and Servicing Agreement (Silver Point Specialty Lending Fund)

Monthly Report. The Collateral Agent shall prepare (based on information provided to it by the Collateral ManagerServices Provider, the Facility Agent, the Lender Agents and the Lenders as set forth herein) a Monthly Report in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report to the Facility Agent, each Lender Agent, Agent the Borrower and the Collateral Manager Services Provider on each Reporting Date starting with the Reporting Date in October 2021February 2019. If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Facility Agent) a copy of such notice and information to the Facility Agent, each Lender Agent and the Collateral ManagerServices Provider. If the Collateral Agent agrees with any such correction and unless the Collateral Agent is otherwise timely directed by the Facility Agent, the Collateral Agent shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Facility Agent that the Collateral Agent should not make such correction, then the Collateral Agent shall take such action as instructed by (within one Business Day) contact the Facility Agent and shall have no responsibilities with respect request instructions on how to the applicable Monthly Reportproceed. The Facility Agent’s reasonable determination with regard to any disputed item item, after consultation with the Services Provider, in the Monthly Report shall be final. The Services Provider shall cooperate with the Collateral Agent in connection with the preparation of the Monthly Reports and any supplement thereto. Without limiting the generality of the foregoing, the Services Provider shall supply any information maintained by it that the Collateral Agent may from time to time reasonably request with respect to the Collateral and reasonably needs to complete the reports, calculations and certificates required to be prepared by the Collateral Agent hereunder or required to permit the Collateral Agent to perform its obligations hereunder. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, (i) the Services Provider shall be responsible for providing the Collateral Agent the information required for parts (a) through (c) of Exhibit D for such Monthly Report and (ii) the Facility Agent and the Lender Agents Lenders shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively rely. The Services Provider and the Facility Agent shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the Services Provider and the Facility Agent, the Collateral Agent shall send such reports, instructions, statements and certificates shall be executed by to the Borrower and the Collateral Manager and, in the case of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly ReportServices Provider for execution.

Appears in 1 contract

Samples: Loan Financing and Servicing Agreement (Owl Rock Capital Corp)

Monthly Report. The Collateral Agent shall prepare (based on information provided to it by the Collateral Investment Manager, the Facility Agent, the Lender Agents and the Lenders as set forth herein) a Monthly Report in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report to the Facility Agent, each Lender Agent, Agent the Borrower and the Collateral Investment Manager on each Reporting Date starting with the Reporting Date in October 2021March 2014. If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Facility Agent) a copy of such notice and information to the Facility Agent, each Lender Agent and the Collateral Investment Manager. If the Collateral Agent agrees with any such correction and unless Unless the Collateral Agent is otherwise timely directed by the Facility Agent, each Agent, the Collateral Agent shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Facility Agent that the Collateral Agent should not make such correction, then the Collateral Agent shall take such action as instructed by the Agent and shall have no responsibilities with respect to the applicable Monthly ReportFacility Agent. The Facility Agent’s reasonable determination with regard to any disputed item in the Monthly Report shall be final. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, the Facility Agent and the Lender Agents shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively rely. The Facility Agent shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the Facility Agent, such reports, instructions, statements and certificates shall be executed by the Borrower and the Collateral Investment Manager and, in the case of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly Report.

Appears in 1 contract

Samples: Loan Agreement (FS KKR Capital Corp)

Monthly Report. The Collateral Agent shall prepare (based on information provided to it by the Collateral ManagerServicer, the Facility Agent, the Lender Agents and the Lenders as set forth herein) a Monthly Report in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report to the Facility Agent, each Lender Agent, Agent the Borrower and the Collateral Manager Servicer on each Reporting Date starting with the Reporting Date in October 20212018. If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Facility Agent) a copy of such notice and information to the Facility Agent, each Lender Agent and the Collateral ManagerServicer. If the Collateral Agent agrees with any such correction and unless the Collateral Agent is otherwise timely directed by the Facility Agent, the Collateral Agent shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Facility Agent that the Collateral Agent should not make such correction, then the Collateral Agent shall take such action as instructed by (within one Business Day) contact the Facility Agent and shall have no responsibilities with respect request instructions on how to the applicable Monthly Reportproceed. The Facility Agent’s reasonable determination with regard to any disputed item in the Monthly Report shall be final. The Servicer shall reasonably cooperate with the Collateral Agent in connection with the preparation of the Monthly Reports and any supplement thereto. Without limiting the generality of the foregoing, the Servicer shall supply any information maintained by it that the Collateral Agent may from time to time reasonably request with respect to the Collateral and reasonably needs to complete the reports, calculations and certificates required to be prepared by the Collateral Agent hereunder or required to permit the Collateral Agent to perform its obligations hereunder. Without limiting the generality of the foregoing, in connection with the preparation USActive 49316845.949316845.10 of a Monthly Report, (i) the Servicer shall be responsible for providing the Collateral Agent the information required for parts (a) through (c) of Exhibit D for such Monthly Report and (ii) the Facility Agent and the Lender Agents shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively rely. The Servicer and the Facility Agent shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the Servicer and the Facility Agent, the Collateral Agent shall send such reports, instructions, statements and certificates shall be executed by to the Borrower and the Collateral Manager and, in the case of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly ReportServicer for execution.

Appears in 1 contract

Samples: Loan Financing and Servicing Agreement (Oaktree Strategic Income Corp)

Monthly Report. The Collateral Agent Manager shall prepare (with portions of such Monthly Report based on information required by Section 3.4 provided to it by the Collateral Manager, the Agent, the Lender Agents Facility Agent and the Lenders as set forth herein) a Monthly Report in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report to the AgentFacility Agent (including by electronic delivery to xxx.xxxxx@xx.xxx and xx0.xxxx-xx@xx.xxx), each Lender the Borrower, the Paying Agent, the Borrower Collateral Manager and the Backup Collateral Manager on each Reporting Date starting with the Reporting Date in October 2021the first full calendar month after the Effective Date. If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent Manager and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Facility Agent) a copy of such notice and information to the Agent, each Lender Facility Agent and the Collateral ManagerPaying Agent. If the Collateral Agent Manager agrees with any such correction and unless the Collateral Agent Manager is otherwise timely directed by the Facility Agent, the Collateral Agent Manager shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent Manager does not agree with any such correction or it is directed by the Facility Agent that the Collateral Agent Manager should not make such correction, then the Collateral Agent Manager shall take such action as instructed by (within one Business Day) contact the Facility Agent and shall have no responsibilities with respect request instructions on how to the applicable Monthly Reportproceed. The Facility Agent’s reasonable determination with regard to any disputed item in the Monthly Report shall be final. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, (i) the Collateral Manager shall be responsible for the information required for parts (a) through (c) of Exhibit D for such Monthly Report and (ii) the Facility Agent and the Lender Agents Lenders shall be responsible for providing to the Collateral Agent Manager the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent Manager may conclusively rely. The Agent Collateral Manager shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the Agent, The Collateral Manager shall send such reports, instructions, statements and certificates shall be executed by to the Borrower and the Collateral Manager and, in the case of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly Reportfor execution.

Appears in 1 contract

Samples: Loan Financing and Servicing Agreement (TriplePoint Venture Growth BDC Corp.)

Monthly Report. The Collateral Agent shall prepare (based on information provided to it by the Collateral Investment Manager, the Facility Agent, the Lender Agents and the Lenders as set forth herein) a Monthly Report in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report to the AgentFacility Agent (including by electronic delivery to xxx.xxxxx@xx.xxx and xx0.xxxx-xx@xx.xxx), each Lender Agent, the Borrower and the Collateral Investment Manager on each Reporting Date starting with the Reporting Date in October 2021March 2014. If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Facility Agent) a copy of such notice and information to the Facility Agent, each Lender Agent and the Collateral Investment Manager. If the Collateral Agent agrees with any such correction and unless Unless the Collateral Agent is otherwise timely directed by the Facility Agent, each Agent, the Collateral Agent shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Facility Agent that the Collateral Agent should not make such correction, then the Collateral Agent shall take such action as instructed by the Agent and shall have no responsibilities with respect to the applicable Monthly ReportFacility Agent. The Facility Agent’s reasonable determination with regard to any disputed item in the Monthly Report shall be final. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, the Facility Agent and the Lender Agents shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively rely. The Facility Agent shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the Facility Agent, such reports, instructions, statements and certificates shall be executed by the Borrower and the Collateral Investment Manager and, in the case of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly Report.. Article XVArticle IX

Appears in 1 contract

Samples: Loan Financing and Servicing Agreement (FS KKR Capital Corp)

Monthly Report. The Collateral Agent shall prepare (based on information provided to it by the Collateral ManagerServicer, the Facility Agent, the Lender Agents and the Lenders as set forth herein) a Monthly Report in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report to the Facility Agent, each Lender Agent, the Borrower and the Collateral Manager Servicer on each Reporting Date starting with the Reporting Date in October November 2021. Each Monthly Report delivered in a month with a Distribution Date shall specify the amounts for payment pursuant to each clause of Section 8.3(a) and, to the extent sufficient funds are available therefor, such amounts shall be paid using Collections received in USActive 57084911.14 -89- the applicable Eligible Currency. To the extent Collections in any Eligible Currency are insufficient, the Servicer shall direct that amounts be converted from each other Eligible Currency (pro rata, or as otherwise specified by the Servicer to the Facility Agent and the Collateral Agent in writing) using the Applicable Conversion Rate; provided that the Servicer shall provide any such direction at least two (2) Business Days prior to the applicable Distribution Date (provided further that such direction is received by 12:00 p.m. (New York time) on such date (otherwise such request will be deemed made on the next succeeding Business Day)). If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Facility Agent) a copy of such notice and information to the Facility Agent, each Lender Agent and the Collateral ManagerServicer. If the Collateral Agent agrees with any such correction and unless Unless the Collateral Agent is otherwise timely directed by the Facility Agent, the Collateral Agent shall distribute a revised Monthly Report on the within two Business Day Days after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Facility Agent that the Collateral Agent should not make such correction, then the Collateral Agent shall take such action as instructed by the Agent and shall have no responsibilities with respect to the applicable Monthly ReportFacility Agent. The Facility Agent’s reasonable determination with regard to any disputed item in the Monthly Report shall be final. The Servicer shall cooperate with the Collateral Agent in connection with the preparation of the Monthly Report and any supplement thereto. Without limiting the generality of the foregoing, the Servicer shall supply any information maintained by it that the Collateral Agent may from time to time reasonably request with respect to the Collateral and reasonably needs to complete the reports, calculations and certificates required to be prepared by the Collateral Agent hereunder or required to permit the Collateral Agent to perform its obligations hereunder. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, (i) the Servicer shall be responsible for providing the Collateral Agent the information required for parts (a) through (c) of Exhibit D of the Monthly Report and (ii) the Facility Agent and the Lender Agents shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively rely. The Agent Servicer shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the AgentServicer, such reports, instructions, statements and certificates shall be executed by the Borrower and the Collateral Manager and, in the case of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly Report.

Appears in 1 contract

Samples: Loan Financing and Servicing Agreement (Blackstone Private Credit Fund)

Monthly Report. The Collateral Agent shall prepare (based on information provided to it by the Collateral Investment Manager, the Administrative Agent, the Lender Agents and the Lenders as set forth herein) a Monthly Report in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report to the Administrative Agent, each Lender Agent, Morningstar, the Borrower and the Collateral Investment Manager on each Reporting Date starting with the Reporting Date in October 2021January 2015. If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Administrative Agent) a copy of such notice and information to the Agent, each Lender Administrative Agent and the Collateral Investment Manager. If the Collateral Agent agrees with any such correction and unless Unless the Collateral Agent is otherwise timely directed by the Administrative Agent, each Agent, the Collateral Agent shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Administrative Agent that the Collateral Agent should not make such correction, then the Collateral Agent shall take such action as instructed by the Agent and shall have no responsibilities with respect to the applicable Monthly ReportAdministrative Agent. The Administrative Agent’s reasonable determination with regard to any disputed item in the Monthly Report shall be final. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, the Administrative Agent and the Lender Agents shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively rely. The Administrative Agent shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the Administrative Agent, such reports, instructions, statements and certificates shall be executed by the Borrower and the Collateral Investment Manager and, in the case of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly Report.

Appears in 1 contract

Samples: Loan Financing and Servicing Agreement (FS Investment Corp III)

Monthly Report. The Collateral Agent shall prepare (based on information provided to it by the Collateral ManagerServicer, the Agent, the Lender Agents Facility Agent and the Lenders as set forth herein) a Monthly Report in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report to the Agent, each Lender AgentFacility Agent (including by electronic delivery to cxx.xxxxx@xx.xxx), the Borrower and the Collateral Manager Servicer on each Reporting Date starting with the Reporting Date in October 2021the first full calendar month after the Effective Date. If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Agent) a copy of such notice and information to the Agent, each Lender Facility Agent and the Servicer, as applicable. The Collateral ManagerAgent, the Servicer and the Facility Agent shall cooperate in good faith to promptly resolve any such dispute. If the Collateral Agent agrees with any such correction and unless the Collateral Agent is otherwise timely directed by the Agentcorrection, the Collateral Agent shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or correction, the Collateral Agent shall (within one Business Day) contact the Facility Agent and the Servicer and request instructions on how to proceed. The Servicer shall use reasonable efforts to cooperate with the Collateral Agent in connection with the preparation of the Monthly Reports and any supplement thereto. Without limiting the generality of the foregoing, the Servicer shall supply any information maintained by it is directed by the Agent that the Collateral Agent should not make such correction, then the Collateral Agent shall take such action as instructed by the Agent and shall have no responsibilities may from time to time reasonably request with respect to the applicable Monthly Report. The Agent’s reasonable determination with regard Collateral and reasonably needs to any disputed item in complete the Monthly Report shall reports, calculations and certificates required to be finalprepared by the Collateral Agent hereunder or required to permit the Collateral Agent to perform its obligations hereunder. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, (i) the Servicer shall be responsible for providing the Collateral Agent the information required for parts (a) through (c) of Exhibit D for such Monthly Report and (ii) the Lender Agents Facility Agent shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively rely. The Agent Servicer shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the AgentServicer, the Collateral Agent shall send such reports, instructions, statements and certificates shall be executed by to the Borrower and the Collateral Manager and, in the case of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly ReportServicer for execution.

Appears in 1 contract

Samples: Loan Financing and Servicing Agreement (Golub Capital Direct Lending Corp)

Monthly Report. The Collateral Agent shall prepare (based on information provided to it by the Collateral ManagerServicer, the Facility Agent, the Lender Agents and the Lenders as set forth herein) a Monthly Report in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report to the Facility Agent, each Lender Agent, the Borrower and the Collateral Manager Servicer on each Reporting Date starting with the Reporting Date in October 2021November 20182021. Each Monthly Report delivered in a month with a Distribution Date shall specify the amounts for payment pursuant to each clause of Section 8.3(a) and, to the extent sufficient funds are available therefor, such amounts shall be paid using Collections received in the applicable Eligible Currency. To the extent Collections in any Eligible Currency are insufficient, the Servicer shall direct that amounts be converted from each other Eligible Currency (pro rata, or as otherwise specified by the Servicer to the Facility Agent and the Collateral Agent in writing) using the Applicable Conversion Rate; provided that the Servicer shall provide any such direction at least two (2) Business Days prior to the applicable Distribution Date (provided further that such direction is received by 12:00 p.m. (New York time) on such date (otherwise such request will be deemed made on the next succeeding Business Day)). If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Facility Agent) a copy of such notice and information to the Facility Agent, each Lender Agent and the Collateral ManagerServicer. If the Collateral Agent agrees with any such correction and unless Unless the Collateral Agent is otherwise timely directed by the Facility Agent, the Collateral Agent shall distribute a revised Monthly Report on the thewithin two Business Day DayDays after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Facility Agent that the Collateral Agent should not make such correction, then the Collateral Agent shall take such action as instructed by the Agent and shall have no responsibilities with respect to the applicable Monthly ReportFacility Agent. The Facility Agent’s reasonable determination with regard to any disputed item in the Monthly Report shall be final. The Servicer shall cooperate with the Collateral Agent in connection with the preparation of the Monthly Report and any supplement thereto. Without limiting the generality of the foregoing, the Servicer shall supply any information maintained by it that the Collateral Agent may from time to time reasonably request with respect to the Collateral and reasonably needs to complete the reports, calculations and certificates required to be prepared by the Collateral Agent hereunder or required to permit the Collateral Agent to perform its obligations hereunder. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, (i) the Servicer shall be responsible for providing the Collateral Agent the information required for parts (a) through (c) of Exhibit D of the Monthly Report and (ii) the Facility Agent and the Lender Agents shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively rely. The Agent Servicer shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the AgentServicer, such reports, instructions, statements and certificates shall be executed by the Borrower and the Collateral Manager and, in the case of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly Report.. USActive 31637433.4 -95-

Appears in 1 contract

Samples: Omnibus Amendment to Transaction Documents (Blackstone Private Credit Fund)

Monthly Report. The Collateral Agent shall prepare (based on information provided to it by the Collateral Investment Manager, the Facility Agent, the Lender Agents and the Lenders as set forth herein) a Monthly Report in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report to the Facility Agent, each Lender Agent, the Borrower and the Collateral Investment Manager on each Reporting Date starting with the Reporting Date in October 2021June 2013; provided that, for the avoidance of doubt, with respect to each Monthly Report, the corresponding Reporting Date shall occur in the second calendar month following the related Determination Date; provided further that, with respect to months in which a Distribution Date occurs, the portion under “(d) Distribution Information” in the Monthly Report shall be delivered on the Reporting Date in the immediate month following the related Determination Date with the rest of Monthly Report delivered on the Reporting Date in the second calendar month following the related Determination Date. If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Facility Agent) a copy of such notice and information to the Facility Agent, each Lender Agent and the Collateral Investment Manager. If the Collateral Agent agrees with any such correction and unless Unless the Collateral Agent is otherwise timely directed by the Facility Agent, the Collateral Agent shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Facility Agent that the Collateral Agent should not make such correction, then the Collateral Agent shall take such action as instructed by the Agent and shall have no responsibilities with respect to the applicable Monthly ReportFacility Agent. The Facility Agent’s reasonable determination with regard to any disputed item in the Monthly Report shall be final. The Servicer shall cooperate with the Collateral Agent in connection with the preparation of the Monthly Reports and any supplement thereto. Without limiting the generality of the foregoing, the Servicer shall supply any information maintained by it that the Collateral Agent may from time to time reasonably request with respect to the Collateral and reasonably needs to complete the reports, calculations and certificates required to be prepared by the Collateral Agent hereunder or required to permit the Collateral Agent to perform its obligations hereunder. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, (i) the Servicer -75- shall be responsible for providing the Collateral Agent the information required for parts (a) through (c) of Exhibit D for such Monthly Report and (ii) the Facility Agent and the Lender Agents shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively rely. The Agent Servicer shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the AgentServicer, the Collateral Agent shall send such reports, instructions, statements and certificates shall be executed by to the Borrower and the Collateral Manager and, in the case of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly ReportServicer for execution.

Appears in 1 contract

Samples: Loan Financing and Servicing Agreement (BlackRock TCP Capital Corp.)

Monthly Report. The Collateral Agent Administrator shall prepare (based on information provided to it by the Collateral ManagerServicer, the Agent, the Lender Agents and the Lenders as set forth herein) a Monthly Report in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report to the Agent, each Lender Agent, the Borrower and the Collateral Manager Servicer on each Reporting Date starting with the Reporting Date in October April 2021. If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent Administrator and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Agent) a copy of such notice and information to the Agent, each Lender Agent and the Collateral ManagerServicer. If Unless the Collateral Agent agrees with any such correction and unless the Collateral Agent Administrator is otherwise timely directed by the Agent, the Collateral Agent shall distribute a revised Monthly Report on the within two Business Day Days after it receives such information. If the Collateral Agent does not agree with any such correction or it Administrator is directed by the Agent that the Collateral Agent Administrator should not make such correction, then the Collateral Agent Administrator shall take such action as instructed by the Agent and shall have no responsibilities with respect to the applicable Monthly Report. The Agent’s reasonable determination with regard to any disputed item in the Monthly Report shall be final. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, the Agent and the Lender Agents shall be responsible for providing to the Collateral Agent Administrator the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent Administrator may conclusively rely. The Agent shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the Agent, such reports, instructions, statements and certificates shall be executed by the Borrower and the Collateral Manager Servicer and, in the case of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly Report.

Appears in 1 contract

Samples: Loan and Servicing Agreement (Blackstone Private Credit Fund)

Monthly Report. The Collateral Agent shall prepare (based on information provided to it by the Collateral ManagerServicer, the AgentEquityholder, the Lender Agents Facility Agent and the Lenders as set forth herein) a Monthly Report in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report to the Agent, each Lender AgentFacility Agent (including by electronic delivery to xxx.xxxxx@xx.xxx), the Borrower and the Collateral Manager Servicer on each Reporting Date starting with the Reporting Date in October 2021August 2024. If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Facility Agent) a copy of such notice and information to the Agent, each Lender Facility Agent and the Collateral ManagerServicer. If the Collateral Agent agrees with any such correction and unless the Collateral Agent is otherwise timely directed by the Facility Agent, the Collateral Agent shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Facility Agent that the Collateral Agent should not make such correction, then the Collateral Agent shall take such action as instructed by (within one Business Day) contact the Facility Agent and shall have no responsibilities with respect the Servicer and request instructions from the Facility Agent on how to the applicable Monthly Reportproceed. The Facility Agent’s reasonable determination with regard to any disputed item in the Monthly Report shall be final. The Servicer shall cooperate with the Collateral Agent in connection with the preparation of the Monthly Reports and any supplement thereto. Without limiting the generality of the foregoing, the Servicer shall supply any information maintained by it that the Collateral Agent may from time to time reasonably request with respect to the Collateral and reasonably needs to complete the reports, calculations and certificates required to be prepared by the Collateral Agent hereunder or required to permit the Collateral Agent to perform its obligations hereunder. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, (i) the Servicer shall be responsible for providing the Collateral Agent the information required for parts (a) through (c) of Exhibit D for such Monthly Report and (ii) the Facility Agent and the Lender Agents Lenders shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively rely. The Agent Servicer shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the AgentServicer, the Collateral Agent shall send such reports, instructions, statements and certificates shall be executed by to the Borrower and the Collateral Manager and, in the case of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly ReportServicer for execution.

Appears in 1 contract

Samples: Loan Financing and Servicing Agreement (Vista Credit Strategic Lending Corp.)

Monthly Report. The Collateral Agent shall prepare (based on information provided to it by the Collateral Investment Manager, the Facility Agent, the Lender Agents and the Lenders as set forth herein) a Monthly Report in the form of Exhibit D determined as of the close of business on each Determination Date and make available such Monthly Report to the Facility Agent, each Lender Agent, Agent the Borrower and the Collateral Investment Manager on each Reporting Date starting with the Reporting Date in October 2021January 2015. If any party receiving any Monthly Report disagrees with any items of such report, it shall contact the Collateral Agent and notify it of such disputed item and provide reasonably sufficient information to correct such item, with (if other than the Facility Agent) a copy of such notice and information to the Facility Agent, each Lender Agent and the Collateral Investment Manager. If the Collateral Agent agrees with any such correction and unless Unless the Collateral Agent is otherwise timely directed by the Facility Agent, each Agent, the Collateral Agent shall distribute a revised Monthly Report on the Business Day after it receives such information. If the Collateral Agent does not agree with any such correction or it is directed by the Facility Agent that the Collateral Agent should not make such correction, then the Collateral Agent shall take such action as instructed by the Agent and shall have no responsibilities with respect to the applicable Monthly ReportFacility Agent. The Facility Agent’s reasonable determination with regard to any disputed item in the Monthly Report shall be final. Without limiting the generality of the foregoing, in connection with the preparation of a Monthly Report, the Facility Agent and the Lender Agents shall be responsible for providing to the Collateral Agent the information required by Section 3.4 for part (d) of Exhibit D for such Monthly Report on which the Collateral Agent may conclusively rely. The Facility Agent shall review and verify the contents of the aforesaid reports (including the Monthly Report), instructions, statements and certificates. Upon receipt of approval from the Facility Agent, such reports, instructions, statements and certificates shall be executed by the Borrower and the Collateral Investment Manager and, in the case of the Monthly Report, the Collateral Agent shall make the distributions required by Section 8.3 pursuant to such Monthly Report.

Appears in 1 contract

Samples: Loan Financing and Servicing Agreement (FS KKR Capital Corp)